1-1     By:  Cain                                              S.B. No. 922

 1-2           (In the Senate - Filed March 4, 1997; March 6, 1997, read

 1-3     first time and referred to Committee on State Affairs;

 1-4     April 11, 1997, reported favorably by the following vote:  Yeas 13,

 1-5     Nays 0; April 11, 1997, sent to printer.)

 1-6                            A BILL TO BE ENTITLED

 1-7                                   AN ACT

 1-8     relating to an exemption from regulation under the Private

 1-9     Investigators and Private Security Agencies Act for certain peace

1-10     officers.

1-11           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

1-12           SECTION 1.  Subsection (a), Section 3, Private Investigators

1-13     and Private Security Agencies Act (Article 4413(29bb), Vernon's

1-14     Texas Civil Statutes), is amended to read as follows:

1-15           (a)  This Act does not apply to:

1-16                 (1)  a person employed exclusively and regularly by one

1-17     employer in connection with the affairs of an employer only and

1-18     where there exists an employer-employee relationship; provided,

1-19     however, any person who shall carry a firearm in the course of his

1-20     employment shall be required to obtain a private security officer

1-21     commission under the provisions of this Act;

1-22                 (2)  except as provided by Subsection (d) of this

1-23     Section, an officer or employee of the United States of America, or

1-24     of this State or political subdivision of either, while the

1-25     employee or officer is engaged in the performance of official

1-26     duties;

1-27                 (3)  a person who has full-time employment as a peace

1-28     officer, who receives compensation for private employment on an

1-29     individual or an independent contractor basis as a patrolman,

1-30     guard, [or] watchman, or extra job coordinator if the officer:

1-31                       (A)  is employed in an employee-employer

1-32     relationship or employed on an individual contractual basis;

1-33                       (B)  is not in the employ of another peace

1-34     officer;

1-35                       (C)  is not a reserve peace officer; and

1-36                       (D)  works as a peace officer on the average of

1-37     at least 32 hours a week, is compensated by the state or a

1-38     political subdivision of the state at the rate of the minimum wage

1-39     or higher, and is entitled to all employee benefits offered to a

1-40     peace officer by the state or political subdivision;

1-41                 (4)  a person engaged exclusively in the business of

1-42     obtaining and furnishing information for purposes of credit

1-43     worthiness or collecting debts or ascertaining the financial

1-44     responsibility of applicants for property insurance and for

1-45     indemnity or surety bonds, with respect to persons, firms, and

1-46     corporations;

1-47                 (5)  an attorney-at-law in performing his duties;

1-48                 (6)  admitted insurers, insurance adjusters, agents,

1-49     and insurance brokers licensed by the State, performing duties in

1-50     connection with insurance transacted by them;

1-51                 (7)  a person who engages exclusively in the business

1-52     of repossessing property that is secured by a mortgage or other

1-53     security interest;

1-54                 (8)  a locksmith who does not install or service

1-55     detection devices, does not conduct investigations, and is not a

1-56     security service contractor;

1-57                 (9)  a person who owns and installs burglar detection

1-58     or alarm devices on his own property or, if he does not charge for

1-59     the device or its installation, installs it for the protection of

1-60     his personal property located on another's property, and does not

1-61     install the devices as a normal business practice on the property

1-62     of another;

1-63                 (10)  an employee of a cattle association who is

1-64     engaged in inspection of brands of livestock under the authority

 2-1     granted to that cattle association by the Packers and Stockyards

 2-2     Division of the United States Department of Agriculture;

 2-3                 (11)  the provisions of this Act shall not apply to

 2-4     common carriers by rail engaged in interstate commerce and

 2-5     regulated by state and federal authorities and transporting

 2-6     commodities essential to the national defense and to the general

 2-7     welfare and safety of the community;

 2-8                 (12)  a registered professional engineer practicing in

 2-9     accordance with the provisions of the Texas Engineering Practice

2-10     Act  that does not install or service detection devices, does not

2-11     conduct nonengineering investigations, is performing forensic

2-12     engineering studies, and is not a security services contractor;

2-13                 (13)  a person whose sale of burglar alarm signal

2-14     devices, burglary alarms, television cameras, still cameras, or

2-15     other electrical, mechanical, or electronic devices used for

2-16     preventing or detecting burglary, theft, shoplifting, pilferage, or

2-17     other losses is exclusively over-the-counter or by mail order;

2-18                 (14)  a person who holds a license or other form of

2-19     permission issued by an incorporated city or town to practice as an

2-20     electrician and who installs fire or smoke detectors in no building

2-21     other than a single family or multifamily residence;

2-22                 (15)  a person or organization in the business of

2-23     building construction that installs electrical wiring and devices

2-24     that may include in part the installation of a burglar alarm or

2-25     detection device if:

2-26                       (A)  the person or organization is a party to a

2-27     contract that provides that the installation will be performed

2-28     under the direct supervision of and inspected and certified by a

2-29     person or organization licensed to install and certify such an

2-30     alarm or detection device and that the licensee assumes full

2-31     responsibility for the installation of the alarm or detection

2-32     device; and

2-33                       (B)  the person or organization does not service

2-34     or maintain burglar alarms or detection devices;

2-35                 (16)  a reserve peace officer while the reserve officer

2-36     is performing guard, patrolman, or watchman duties for a county and

2-37     is being compensated solely by that county;

2-38                 (17)  response to a burglar alarm or detection device

2-39     by a law enforcement agency or by a law enforcement officer acting

2-40     in an official capacity;

2-41                 (18)  a person who, by education, experience, or

2-42     background has specialized expertise or knowledge such as that

2-43     which would qualify or tend to qualify such person as an expert

2-44     witness, authorized to render opinions in proceedings conducted in

2-45     a court, administrative agency, or governing body of this state or

2-46     of the United States, in accordance with applicable rules and

2-47     regulations and who does not perform any other service for which a

2-48     license is required by provisions of this Act;

2-49                 (19)  an officer, employee, or agent of a common

2-50     carrier, as defined by Section 153(h), Communications Act of 1934

2-51     (47 U.S.C.A. Sec. 151 et seq.), while protecting the carrier or a

2-52     user of the carrier's long-distance services from a fraudulent,

2-53     unlawful, or abusive use of those long-distance services;

2-54                 (20)  a person who sells or installs automobile burglar

2-55     alarm devices and that does not perform any other act that requires

2-56     a license under this Act;

2-57                 (21)  a manufacturer, or a manufacturer's authorized

2-58     distributor, who sells to the holder of a license under this Act

2-59     equipment used in the operations for which the holder is required

2-60     to be licensed;

2-61                 (22)  a person employed as a noncommissioned security

2-62     officer by a political subdivision of this state;

2-63                 (23)  a person whose activities are regulated under

2-64     Article 5.43-2, Insurance Code, except to the extent that those

2-65     activities are specifically regulated under this Act;

2-66                 (24)  a landman performing activities in the course and

2-67     scope of the landman's business;

2-68                 (25)  a hospital or a wholly owned subsidiary or

2-69     affiliate of a hospital that provides medical alert services for

 3-1     persons who are sick or disabled, if the hospital, subsidiary, or

 3-2     affiliate is licensed under Chapter 241, Health and Safety Code,

 3-3     and the hospital does not perform any other service that requires a

 3-4     license under this Act;

 3-5                 (26)  a charitable, nonprofit organization that

 3-6     provides medical alert services for persons who are sick or

 3-7     disabled, if the organization:

 3-8                       (A)  is exempt from taxation under Section

 3-9     501(c)(3), Internal Revenue Code of 1986;

3-10                       (B)  has its monitoring services provided by a

3-11     licensed person or hospital or a wholly owned subsidiary or

3-12     affiliate of a hospital licensed under Chapter 241, Health and

3-13     Safety Code; and

3-14                       (C)  does not perform any other service that

3-15     requires a license under this Act;

3-16                 (27)  a person engaged in the business of electronic

3-17     monitoring of a person as a condition of that person's probation,

3-18     parole, mandatory supervision, or release on bail, if the person

3-19     does not perform any other service that requires a license under

3-20     this Act;

3-21                 (28)  a nonprofit business or civic organization that:

3-22                       (A)  employs one or more peace officers meeting

3-23     the qualifications of Subdivision (3) of this subsection as

3-24     patrolmen, guards, or watchmen;

3-25                       (B)  provides the services of these peace

3-26     officers only to:

3-27                             (i)  its members; or

3-28                             (ii)  if the organization does not have

3-29     members, the members of the communities served by the organization

3-30     as described in its articles of incorporation or other

3-31     organizational documents;

3-32                       (C)  devotes the net receipts from all charges

3-33     for the services exclusively to the cost of providing the services

3-34     or to the costs of other services for the enhancement of the

3-35     security or safety of:

3-36                             (i)  its members; or

3-37                             (ii)  if the organization does not have

3-38     members, the members of the communities served by the organization

3-39     as described in its articles of incorporation or other

3-40     organizational documents; and

3-41                       (D)  does not perform any other service that

3-42     requires a license under this Act;

3-43                 (29)  a charitable, nonprofit organization that

3-44     maintains a system of records to aid in the location of missing

3-45     children if the organization:

3-46                       (A)  is exempt from federal taxation under

3-47     Section 501(c)(3), Internal Revenue Code of 1986, and its

3-48     subsequent amendments;

3-49                       (B)  exclusively provides services related to

3-50     locating missing children; and

3-51                       (C)  does not perform any other service that

3-52     requires a license under this Act; or

3-53                 (30)  a person engaged in the business of psychological

3-54     testing or other testing and interviewing services (to include but

3-55     not limited to attitudes, honesty, intelligence, personality, and

3-56     skills) for preemployment purposes, if the person does not perform

3-57     any other service that requires a license under this Act.

3-58           SECTION 2.  This Act takes effect September 1, 1997.

3-59           SECTION 3.  The importance of this legislation and the

3-60     crowded condition of the calendars in both houses create an

3-61     emergency and an imperative public necessity that the

3-62     constitutional rule requiring bills to be read on three several

3-63     days in each house be suspended, and this rule is hereby suspended.

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